TRUSTEES’ SALE OF VALUABLE REAL ESTATE
Rr 2 Box 449, New Martinsville, WV 26155-9455
In a Deed of Trust dated January 17, 2008, and duly recorded in the Office of the Clerk of the County
Commission of Wetzel County, West Virginia, in Deed of Trust Book 336, at page 715 Joshua T Neff did
convey unto DAVID G. PALMER, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Wetzel County Courthouse, Main Street, Wetzel County Courthouse, New Martinsville, WV 26155 on:
August 14, 2024
At 12:00 PM
The property for sale as described by the Deed of Trust is as
follows:
THE FOLLOWING DESCRIBED PROPERTY, WITH
APPURTENANCE THEREUNTO BELONGING,
SITUATE NEAR THE TOWN OF PADEN CITY IN MAGNOLIA DISTRICT,
WETZEL COUNTY, WEST VIRGINIA, THAT IS TO SAY:
TRACT I: BEGINNING AT A 1 AND 1/4 INCH IRON ROD SET AT A CORNER TO LAND REMAINING TO THE LASPER, INC.
(BEING 1 AND 1/4 INCH IRON ROD IN REFERENCE TO
GRAVE MAKERS AS SHOWN ON DRAWING NO. 86-6784) THEN WITH AND BINDING ON LAND REMAINING TO THE LASPER, INC. FOR FOUR LINES N. 51 14` E. 303.11 FEET TO A SET 1/2 INCH PIPE, THEN S. 44 36` E. 205.99 FEET TO A SET 1/2 INCH PIPE, THEN S. 51 06` W. 322.61 FEET TO A SET 1 AND 1/4 INCH IRON ROD, THEN N. 39 10` W. 205.87 FEET TO THE BEGINNING CONTAINING 1.475 ACRES, MORE
OR LESS, ACCORDING TO A SURVEY BY HENRY M. PARSONS, LAND SURVEYOR NO. 98, A PLAT OF WHICH
SURVEY IS RECORDED IN DEED BOOK 318, AT PAGE 696, WHICH IS REFERENCED FOR A MORE PARTICULAR
DESCRIPTION OF SAID PROPERTY.
AND THE SAID PARTY OF THE FIRST PART DOES HEREBY GRANT AND CONVEY UNTO THE SAID PARTY OF THE SECOND PART, A RIGHT OF WAY FROM WEST VIRGINIA
STATE ROUTE 2 TO THE 1.475-ACRE, MORE OR LESS,
PARCEL OF REAL ESTATE CONVEYED HEREIN, THAT IS TO
SAY:
TRACT II: A RIGHT OF WAY FOR INGRESS, EGRESS AND
REGRESS OVER THE EXISTING ROADWAYS OF PADEN
MEMORIAL GARDENS, A CEMETERY, WHICH CEMETERY IS
OWNED BY THE LASPER, INC. FROM WEST
VIRGINIA
ROUTE 2 TO A 1.475-ACRE, MORE OR LESS,
PARCEL OF
REAL ESTATE CONVEYED HEREIN, A PLAT OF WHICH
ROADWAYS IS OF RECORD IN THE OFFICE OF THE CLERK
OF THE COUNTY COMMISSION OF WETZEL
COUNTY, WEST
VIRGINIA, IN PLAT BOOK 6, AT PAGES 25 AND 26.
The purchaser will take the property subject to all
exceptions,
reservations, rights of way, easements, conditions, covenants,
restrictions, leases and other servitudes of record, if any,
pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp,
excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property
taxes owed to the Sheriff of Wetzel County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case,
unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those
unnoticed deeds of trust, judgments, liens, and other
encumbrances and will be subject to a further noticed and
published sale under this Deed of Trust pursuant to W.Va. Code
38-1-4, in which bidding shall resume at the last highest bid
given. In the event of a surplus of such sale, the
mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00),
then the Substitute Trustee will disburse those proceeds to the
most senior interest holder as it sees fit, unless an
objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not
encroached upon, or that any particular structure
located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time
when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the
condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to
cause any existing tenant or person occupying the
subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the
trustee’s deed by a signed request in writing to the trustee; the
assignee of the purchaser shall be bound by all terms and
conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the
purchaser without any covenant or warranty (express or implied) in the form
prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or
marketable title to purchaser for any reason, purchaser’s sole
remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $10,000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC,
counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The
balance of the successful purchaser’s bid must be
proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111, Fax: (215) 572-5025
www.sterneisenberg.com
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